New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 16

16 Magistrates have coronial functions by virtue of office

(cf Coroners Act 1980 , ss 6A(4) and 10)

(1) A Magistrate who has not been appointed to any of the offices of State Coroner, Deputy State Coroner or coroner under this Act--

(a) has, by virtue of his or her office as a Magistrate, all of the jurisdiction and functions that are conferred or imposed on coroners by or under this or any other Act, and

(b) is taken to be a coroner,

but does not have any of the jurisdiction or functions of the State Coroner or a Deputy State Coroner.

(2) A Magistrate who is taken to be a coroner by reason of the operation of subsection (1) ceases to have the jurisdiction and functions of a coroner, and ceases to be taken to be a coroner, on ceasing to be a Magistrate.

(3) Despite anything to the contrary in this Act, the Chief Magistrate may (but need not) comply with any direction given by the State Coroner under this Act in relation to the exercise by the Chief Magistrate of any function conferred or imposed on the Chief Magistrate by operation of subsection (1).